Magistrate finds violations at 2815 35th St.; noise fine and daily property fines declined

The City of Edgewater brought a code-enforcement case against the owner of 2815 35th Street, Gary Martinelli, alleging repeated illegal burning, a general public nuisance for loud music and noise, and animal-at-large violations. Byron Samiguel, the city’s code and animal control supervisor, described a history of calls dating back to January 2023 and said the city was seeking three citations totaling $450 (three citations at $150 each). Samiguel also explained that, under state statute, the city could pursue property-based daily fines and liens if the property were treated as a repeat offender.

Samiguel told the hearing the city had recorded multiple noise and animal complaints and had photo and video evidence with timestamps. "We are asking for all citations to be levied, sir. Totaling $450. 3 cite excuse me. 1, 2, 3 citations at a $150 each," he said. He added the city was not requesting daily fines at that time because the violations had come into compliance, but noted the property could be designated so the city could impose up to $500 per day if violations recur.

Martinelli said he is the property owner but that the behaviors prompting complaints were being carried out by his nephew, who lives at the property and has physical and mental disabilities. Martinelli disputed parts of the city’s characterization of the burned material, saying, "The night of the and the burning is not not trash, garbage, refuse. It's it's wood." He said he has tried to help his nephew and was seeking psychiatric care and services for him.

Magistrate Jacob Schumer reviewed the record and told Martinelli he would find the violations but would not impose a fine for the noise-based general nuisance (section 10-5) and would not impose daily property fines at the hearing. Schumer noted the city’s steps and that enforcement tools are limited, stating the city had followed its usual three-step process of notice. Samiguel quantified recent enforcement contacts, saying there were 14 noise calls and five animal calls to that property in the past two years.

The final on-the-record disposition: violations were found for the cited code sections, the magistrate declined to impose a noise fine for section 10-5, and the city did not obtain daily fines or liens during this session. The magistrate closed the matter on the docket while advising continued cooperation between the owner and code enforcement.